Terms and Conditions

Definitions

Agreement

Assured Shorthold Tenancy

Member

Rent

Tenancy

The Student Tenant

The Property

The Website

The Agent

The Landlord

The Service

Tenant’s account

Initial Payment

Fee

• Introduction

  These Terms and Conditions set out the rights and obligations applicable to the use of the Service provided by the Agent to both Student Tenants and Landlords via the Website. By becoming a Member of the Website or by using the Service, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 37 below.

  You must read, agree with and accept all the terms and conditions contained in this Agreement, which include those terms expressly set out below and those incorporated by law, before using the Service or becoming a Member of the Website.

• Membership Entitlements

  • Student Tenant
    • Free access to view and reserve property
    • Free access to find housemates
    • Free advertising of a spare room in a property
  • Landlord
    • Free access to upload property details
    • The Fee will be charged once all or any part of the Property is rented through any part of the Agent either online or offline. Any rental achieved howsoever as a result of contacting the Agent will result in fees being owed to the Agent.
  • Any person wishing to become a Student Tenant Member must:
    • Be a student.
    • Be at least 18 years of age.
  • Student Tenant’s agree that if they suspect a Member not to satisfy the criteria listed in clause 2.3 they shall immediately alert the Agent by sending an email to hola@studentmundial.com.

• Registration

  • Landlords and Student Tenants undertake to provide accurate and current information about themselves- including correct name, email address and any other requested details. It is agreed that it is the Members responsibility to maintain accurate information regarding their details.
  • Members must use a valid email address in order to register with the Website.
  • The content of the Member’s mini-profile will be available to all members of the Website. For details about privacy please read our privacy policy.

• Website access

  • The Agent grants the Members to use the Website as set out in this Agreement, provided that they:
    • will not copy or distribute any part of the Website in any medium without the Agent’s prior written authorisation;
    • will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
    • do not contact either Landlords or Student Tenants via any other means than through the Website until after the start of the Tenancy;
    • book all viewings through the website;
    • otherwise comply with this Agreement;
  • Members agree not to use or launch any automated system, including (without limitation) any "robots," "spiders," or "offline readers", that access the Website in a manner that sends more request messages to the Website’ servers in a given period of time than a human can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, the Agent grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices of the materials, but not caches or archives of such materials. The Agent reserves the right to revoke these exceptions either generally or in specific cases.
  • Landlords agree not to display any contact details or logos on the Website. Any such action will be seen by the Agent as an attempt to lure the Student Tenants away from the Website and, if after receiving notification from the Agent, the Landlord fails to remove the offending article within 2 days it will result in the Landlord’s profile being permanently deleted from the Website.

• Privacy Policy

  The Agent’s Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Website (including any which contains personal information) is, of course, accessible to internet users around the world.

• The Agent’s Role

  Members acknowledge that the Agent is not responsible for the behaviour of or material contributed by Members - whether on the Website (such as by way of messages between members) or outside of it.

  Once the Student Tenant has booked the Property in accordance with clause 10, then all queries about the property including but not limited to; payments, damage, disputes and any other issues arising with the Property should be directed to the Landlord rather than the Agent.

  The Agent accepts no liability for matters arising with the Property once the Student Tenant has accepted the property.

  The Agent cannot monitor each Member or the messages that are sent. It is therefore, the responsibility of all Members to report any abuse of the service that we provide.

• The Property

  The Agent is not responsible for the accuracy of the description of the properties advertised on our Website. The responsibility for the accuracy of the adverts of each property lies with the Landlord.

  The Agent does not view each property that is marketed on the Website.

  The Agent has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the listings or the ability of suppliers to provide items or services.

  It is the Landlord’s responsibility to:

  • Maintain and repair the property to ensure that the Property complies with housing codes and regulations.
  • Maintain structural components of the dwelling (roofs, floors, walls, fireplaces).
  • Provide adequate locks and keys.
  • Maintain electrical, plumbing, heating, and other appliances in good working order.
  • Keep the Property in reasonably weather-tight condition.
  • Collect rent, retain the deposit and return the deposit to the Student Tenant at the end of the rental period.

  The Landlord’s responsibilities are not limited to the above, The Agent accepts no liability for matters which the Landlord is responsible for.

• Assured Shorthold Tenancy (AST)

  • Landlord

    The Landlord must check the box to agree to the AST agreement. By checking the box, the Landlord is bound by the terms and conditions of the AST between the Landlord and the Student Tenant without the need to physically sign it. It is highly recommended that the Landlords read the AST, as they will be legally bound by it upon checking the box.

    The Landlord is welcome to use their own legislation compliant tenancy agreement; this will need to be displayed in the appropriate section when uploading the Property details.

    The Agent cannot accept any responsibility should the Landlord request them to use the Landlords own tenancy agreement (AST).

  • Student Tenants

    Upon booking a property with the Agent, the Student Tenant will be provided with an AST agreement. The AST sets out the terms and conditions under which the Student Tenant leases the property. The AST is between the Student Tenant and the Landlord, the Agent is not a party to the AST agreement.

    Landlords will have already agreed to comply with the terms of the AST prior to advertising on the Website.

    The Student Tenant must countersign the AST by reading the AST and checking the box to confirm their agreement.

    By checking the box Student Tenants are agreeing to be bound by the terms and conditions of the AST agreement, subject to their cancellation and refund rights.

• Cancellation rights

  • Should you wish to cancel your booking before it’s been confirmed by the property provider, 75% will be refunded.
  • Once the booking has been confirmed by the property provider, no refund can be made for cancellations.
  • Notice to cancel must be given in writing by email to hola@studentmundial.com.

• Arrival at the property

  It is the responsibility of the Landlord and the Student Tenant to arrange to meet at the property to collect the keys.

  On arrival at the Property the Student Tenant has the opportunity to inspect the property and notify the Agent within 24 hours that the property is as described and portrayed accurately on the website.

  If the Student Tenant does not contact the Agent within 24 hours, they will be deemed to have accepted the Property in its present condition.

  Once the Initial Payment has been sent from the Agent to the Landlord the Agent shall have no further role in the Tenancy.

• Our Property Refund Policy

  • A Student Tenant will be entitled to a refund of their Initial Payment if it is deemed that the Property is not as described or accurately portrayed on the Website if the Property is not accepted by the student in accordance with clause 10.
  • Should the Landlord not accept that the accommodation has been misrepresented, the Student Tenant should send photographic evidence to the Agent at hola@studentmundial.com. The Agent shall then decide on whether there has been a misrepresentation.
  • If the Property is deemed to be not as described and accurately portrayed the Landlord will be given 48 hours to upgrade the property to at least the standard portrayed in the description and photographs. It is the Landlord’s responsibility to pay the cost of reasonable accommodation for the Student Tenant during this 48-hour period should the Agent deem it necessary.
  • Once the improvements have been effected, should the Property still not be in a similar condition as portrayed and described on the website and should the time period for making improvements be exceeded, the Student will be entitled to a refund of their initial payment. In the event of a dispute the decision of the Agent shall be final.
  • This is the only circumstance where the Student Tenant is entitled to receive a full refund without the obligation to find a replacement student to take their place in the Property.

• Student withdrawal from tenancy agreement

  • Should there be any reason, other than that detailed at clause 11 above, that the Student Tenant wishes not to fulfil their commitment to move in and rent the property that they have reserved and paid for, the Student Tenant will be responsible for finding a replacement student to take over their place in the Property for the entirety of the duration of the Assured Shorthold Tenancy.
  • Once the replacement student has paid their Initial Payment to the Landlord or the Agent, and signed the contract, the original Student Tenant can request 75% of their initial payment be returned to them if they provided the replacement student.
  • The initial payment will not be refunded for any cancellations less than 30 days prior to move in.
  • Students have a maximum of 14 days from the date of cancellation to find replacement students, providing this 14 day period ends 30 days before move the move in date.
  • If no replacement student is provided by the original student, then the initial payment will not be returned.
  • The Landlord or the Agent has the final say in which replacement tenants to accept.

• Deposit

  The standard reservation funds required are 1 month rent, unless otherwise instructed by the Landlord.

  • Student Mundial will not be receiving deposits.
  • Landlords are expected to comply to tenancy deposit laws where applicable.
  • Student Mundial is not responsible for landlords not complying with tenancy deposit laws.
  • Where the law is applicable, e.g. in the UK, students are advised to request confirmation from the landlord of their tenancy deposit scheme details prior to paying their deposit.

• Permission to Let

  Before letting the property the Landlord hereby agrees to obtain written approval from any joint owner, Mortgage lender, Freeholder, Insurer or any other person or authority not mentioned herein who may have an interest in the property.

• Marketing

  The Agent will use whatever method we deem appropriate to market the Property including any or all trade publications, all local and national newspaper advertising, the internet, or web application, sub-instructing a third party or any other marketing medium so as to achieve the letting of the Property.

• References

  Due to the majority of students being international, the Agent does not perform tenant referencing or parental guarantors. Landlords are permitted to organise their own references once the student has made the booking. These shall be organised between the landlord and the student.

• Utilities

  It is the Landlords responsibility to ensure that the electric, gas and water supplies are to be left on at the Property and any cards, keys etc. needed to charge them are made available so that the necessary safety checks can be executed. Landlords must inform the relevant authorities of the date that the Student Tenant takes over payment of the Utilities (including Council Tax) together with current meter readings. Except in cases where the landlord is paying the utilities.

• Selling the property

  In the event that the Landlord agrees a sale of the Property and proceeds to exchange of contracts with a Student Tenant or a relative of the Student Tenant then a sales commission fee will become payable to Student Mundial at the rate of 0.5% of the sale price + VAT. This fee will become due upon exchange of contracts and payable on the day of completion.

  Should the Landlord sell or pass on title of the Property, which is subject to a Tenancy arranged by the Agent the Landlord will remain liable for fees payable under the Terms and Conditions of this agreement for the duration of that Tenancy, the Landlord will also be obliged to inform the new landlord of the outstanding tenancy should there be one still in place.

• Landlords statutory safety obligations

  The responsibility for compliance of the following Regulations and any re-enactment of the same is and remains the personal obligation of the Landlord. Those regulation that the Landlord must comply with include but are not limited to the following: a) The Fire and Furnishings (Fire) (Safety) Regulations 1988 (Amended 1993) b) The Gas Safety (Installation & Use) Regulations 1994 (Amended 1998) c) The Building Regulations 1991 (in particular the installation of smoke detectors) d) The Electrical Equipment (safety) Regulations 1994 and e) Part P of the Building Regulations.

  The Landlord indemnifies the Agent against any claim made against them by the Student Tenant or any other party for any breach of the above and for any delay in the occupation of the Property by the Student Tenant, brought about by non-compliance with the above. The Agent will not inform you of the renewal dates to execute retests to satisfy the Landlord’s statutory obligations.

• The online reservation process

  Once the Student Tenant reserves the accommodation and submits their payment through the Website the Agent will contact the Landlord to confirm the tenancy. The Agent will then inform the Landlord of the monies held in the Agent’s client account on the Landlord’s behalf. The Landlord can view their forthcoming bookings and payments received on his behalf on the “Landlord Dashboard” section of the Website.

• Responsiveness of landlords

  It is the Landlord’s responsibility to keep the property details up to date to prevent bookings being attempted on an unavailable property. The Landlord must be contactable in order for the Agent to confirm the reservation with them. The Agent is not responsible for loss of earnings should the landlord not receive the notifications. It is advisable to provide a mobile phone number in addition to email address, so notifications can be responded to with the minimum of delay.

• Description of Property

  The majority of Student tenants will be reserving the accommodation online via the Website, prior to physically viewing the property. The accuracy of all photographs and descriptions of every property is of extreme importance. The Landlord bears full responsibility for all descriptions.

• Exclusion of liability & indemnity

  In the event that the Landlord gives the Agent instructions which are followed by the Agent in good faith but turn out to be unlawful or result in an unlawful act or otherwise give rise to any kind of claim or action being made against the Agent, the Landlord agrees to provide the Agent with a full indemnity for all penalties, damages, costs, expenses and losses whatsoever which the Agent may incur as the result of following those instructions.

  The Landlord also undertakes to provide the Agent with a full indemnity on the same basis as above in respect of any claim or action brought against the Agent, whether alone or jointly with the Landlord arising from the Agent’s obligations to the Landlord in relation to the Property whether that claim or action is brought by the Student Tenant or any third party.

• Data Protection & section 19 Taxes Management Act 1970

  The Landlord hereby consents to allow the Agent access to any information and personal details on or behalf of the Landlord as defined in the Data Protection Act 1998. In particular HMRC have powers under the above Act to request information from the Agent about properties let on the Agent’s behalf. Should the Agent receive such a request, the Landlord unconditionally allows the Agent to assist HMRC and fulfill its statutory obligation.

• Operation of Student Mundial

  The Agent reserves the right to withdraw or modify one or more aspects of the Website where we have serious legal or technical reasons to do so (including technical difficulties experienced by the Website or on the internet). There may be times when the Website become unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Members, in our reasonable discretion). For security or other reasons, we may require you to change password or other information that facilitates access to the Website.

• Misuse of Student Mundial

  We reserve the right (a) to suspend or terminate any Member’s access to the Website or parts of them and/or (b) to remove, or require the Member to remove, material posted on the Website, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register, or re-access, the Website without our prior consent. Members are responsible for everything that is done on or through the Website while your Membership account is logged on to the Website or through your email address/es.

• Relevance

  The Website is intended to be used by Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

  • Include swear-words or terms that could be considered offensive in material posted on or transmitted through the Website including electronic messages, messages posted to Forums & Discussion groups, and any other communication tools made available via the Website This paragraph is not intended to supersede Clauses 17 and 19 below;
  • Use access to the Website or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam);

• Prohibitions

  Members are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Website nor any activity or communication you make in connection with any service provided by the Agent, will be capable of:

  • Infringing the intellectual property or other rights of any person or entity;
  • Breaching any applicable law, whether criminal, tortious or otherwise;
  • Appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).

• Alerting the Agent

  If you see anything on either of the Website that appears to breach this Agreement, please notify the Agent via email at hola@studentmundial.com. Or click the report as inappropriate button.

• Disclaimer and Release

  The Agent has no control over, or responsibility for, the truth or accuracy of any material available on the Website whether provided by Student Members, Landlords or third parties.

  • If any third party site is linked to, or from, the Website, this does not mean that the Agent endorses or has any responsibility for the site or anything that appears on it. It is forbidden for Landlords or Student Tenants to direct others to any outside websites. Any such behaviour shall result in your account being suspended or deleted.
  • Although Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Members should note that people may not necessarily be who they say they are and should exercise no lesser degree of caution in appraising what you see on Website than you do offline.
  • The use of the Website is entirely at your own risk.

  In the event that a Member has any right, claim or action against any other Member or other third party arising from the use of the Website, Members agree to pursue such right, claim or action independently of and without recourse to us, and you release the Agent (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

• Excluded Loss

  The Agent will not be liable any Member or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). The Agent will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

• Maximum Liability

  Without limiting the preceding Clause, the aggregate liability of the Agent under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the fees received by the Agent from the Landlord relating to the Property reservation in question, regardless of the cause or form of action.

• Non-excluded Liabilities

  Nothing in this Agreement limits the Agent’s liability for death or personal injury resulting from our negligence, or any other liability, which may not by law be excluded. Any statutory consumer rights remain unaffected.

• Indemnity

  Members agree to defend, indemnify and hold harmless the Agent against all liabilities, claims and expenses that may arise from any breach of this Agreement by them, through their use of the Website or through a device on which they access the Website This obligation will survive the termination of this Agreement and the use of the Website.

• Assignment

  The Agent reserves the right to assign this Agreement, and to assign or subcontract any or all of their rights and obligations under this Agreement. Members may not without the written consent of the Agent assign or dispose of this Agreement.

• Entire Agreement

  This Agreement includes our Privacy Policy; together they are intended to contain the whole of the agreement between the parties and they replace all earlier agreements and understandings except for any fraud or fraudulent representation by either you or us.

• Changes to this Agreement

  The Agent reserves the right to change this Agreement from time to time, and post the new version on the Website. When we do so, the new version of these terms and conditions will govern the Website:

  • Commencing 5 days after the date of posting (or such later date as the Agent indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting Members; if any Member does not wish to be governed by the new version of the Agreement, they may notify the Agent on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Website; or
  • Immediately upon the date of posting (or such later date as the Agent indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you.

• Severability

  In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

• Law

  This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The Website are is controlled and offered by the Agent from its facilities in the United Kingdom. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.

• No Waiver

  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Agent’s failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.

• Contact Details

  You can contact the Agent by email to: hola@studentmundial.com or by mail to: Student Mundial, The Hive, Nottingham Trent University, Nottingham, NG1 4BU, United Kingdom, or by telephone during normal office hours of 9am to 5pm GMT Monday to Friday on: +44 (0) 207 193 2377.

  The Agent will endeavour to respond to all email enquires within the same working day.

  If you have any complaints about the services or any aspect of the way the Agent has dealt with your order please write to the email address given above.

• Notices

  Unless otherwise explicitly stated, notices to the Agent must be sent by email to Student Mundial, at the following address hola@studentmundial.com.

  Notices to Members will be sent to the email address provided to the Agent during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. Notices sent by registered mail will be deemed received 3 days following the date of mailing.

• Dispute Resolution

  Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by the Agent. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

• Third Party Rights

  A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.